Gay marriage issue before the Cherokee Nation Supreme Court

It is a case that could become Oklahoma's first legally recognized gay marriage. A lesbian couple, who exchanged vows one year ago Wednesday, is still fighting for their union to be considered valid.

Wednesday, May 18th 2005, 9:20 am

By: News On 6

It is a case that could become Oklahoma's first legally recognized gay marriage. A lesbian couple, who exchanged vows one year ago Wednesday, is still fighting for their union to be considered valid.

A Cherokee Nation court clerk issued them a marriage application, but refused to sign the certificate after the wedding. Now the case is headed for tribal court, where it will all come down to how Cherokee law defines marriage.

The News on 6's Heather Lewin has the latest.

Kathy Reynolds: "We've had a ceremony with a minister, certificate signed with witnesses." That was exactly one year ago, but the marriage of Kathy Reynolds and Dawn McKinley, both members of the Cherokee Nation, is still not legal in the eyes of the tribe. The couple has tried twice to file their marriage certificate, since getting the application, which they say was clearly for two women.

Kathy Reynolds: "They issued it to Ms Dawn McKinley and Ms Kathy Reynolds so we didn't think it would be any problem after that." But the tribe refused to accept it and issued a moratorium on all marriage certificates until the matter could be sorted out.

Attorney Todd Hembree, acting as a private citizen, is challenging the couple's union in court. "When you read the statute in its entirety, there is no doubt that it was meant to be a marriage between a husband and a wife."

The battle has brought them all to Tahlequah, where the Cherokee Nation's highest court will decide once and for all whether the tribe will recognize Kathy and Dawn's marriage. "As I said it's my firm belief that it's not gender neutral, its gender specific and I do not want the laws of the Cherokee Nation and my tribe to be made a mockery of."

Dawn and Kathy say they should have the same rights as everyone else, which became more evident to them after Kathy went to the emergency room and Dawn, not legal family, wasn't allowed inside. No matter what happens in court, both are grateful to be celebrating their first anniversary. Dawn McKinley: "I feel wonderful because I'm standing by the woman that I love and nobody can take that away from me."

The case goes before the Judicial Appeals Tribunal June 3rd. A lower court already ruled against the couple.

If the Cherokee Supreme Court, rules their marriage is valid, based on governmental agreement, the State of Oklahoma will legally recognize it as well.